1.6.4 Selection of offshore sites
The Habitats Regulations apply to the UK land
area and its territorial sea (out to 12 nautical miles from
low-water mark) (see Section 1.1.3.1). Until May 2001 there was no
legislation in the UK implementing the Habitats Directive in the
offshore area, from 12 200 nm. Consequently, no sites have yet been
selected in the UK offshore area. The
Offshore Petroleum Activities (Conservation of Habitats)
Regulations 2001, covering oil and gas developments, were
introduced in May 2001, and new and/or amended Habitats
Regulations are shortly to be introduced to provide a mechanism for
the designation of offshore SACs and SPAs.
In November 1999, the UK High Court found in favour of Greenpeace
in its case against the UK Government regarding implementation of
the Habitats Directive offshore (CO/1336/99). The court found that "the Habitats
Directive applies to the UK continental shelf and to the
superadjacent [sic] waters up to a limit of 200 nautical miles from
the baseline from which the territorial sea is measured". Prior to
this judgement, the UK Government view was that the Habitats
Directive did not apply outside UK territorial waters (12 nm from
the coast). The UK Government is now implementing the Directive in
the UK offshore area (from 12 200 nm) (Figure 1.5). The JNCC
was asked in 2000 by the UK government to provide information to
enable identification of offshore SACs (Johnston
et al. 2002). Since 2002, JNCC has been investigating
selection of
offshore SACs (and SPAs) in the seas beyond
territorial waters on behalf of Defra, following a
similar process to that undertaken for terrestrial and inshore SACs
(and SPAs).
Figure 1.5: Likely maximum extent of UK offshore area.
Based on UK Continental Shelf designations, and including UK limit
of territorial waters (12 nm). (Note that the area is not
coincident with the 200 mile fisheries limit.) The total extent of
UK waters (UKCS designated area and territorial waters) is
approximately 867,400 km2, of which 161,200
km2 is territorial waters (including around Rockall) and
the offshore area 706,200 km2. These figures exclude the
territorial waters of the Isle of Man and the Channel Isles.
World Vector Shoreline copyright US Defense Mapping Agency
Bathymetry copyright GEBCO Digital Atlas, British Oceanographic
Data Centre on behalf of IOC and IHO 1994 & 1997.
UK Continental Shelf designations courtesy Department of Trade and
Industry via DEAL website www.ukdeal.co.uk